Bill Text: MI HB6549 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Property; conveyances; transfer of certain state-owned property in Lenawee county; provide for. Creates land transfer act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-11-10 - Printed Bill Filed 11/10/2010 [HB6549 Detail]
Download: Michigan-2009-HB6549-Introduced.html
HOUSE BILL No. 6549
November 9, 2010, Introduced by Rep. Spade and referred to the Committee on Appropriations.
A bill to authorize the state administrative board to convey
certain parcels of state-owned property in Lenawee county; to
prescribe conditions for the conveyances; to provide for certain
powers and duties of certain state departments in regard to the
property; and to provide for disposition of revenue derived from
the conveyances.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) The state administrative board, on behalf of the
state, may convey by quitclaim deed all or portions of certain
state-owned property now under the jurisdiction of the department
of human services, commonly known as the Adrian training school,
and located in the city of Adrian, Lenawee county, Michigan, and
more particularly described as follows:
PARCEL A
A PARCEL OF LAND IN THE se ¼ OF Section 26, T6S, R3E, Lenawee
County, Michigan, and more specifically described as: Commencing at
the E ¼ corner of said Section 26; thence S00°54’25"E 330.19 feet,
on the east line of said Section 26 to the point of beginning of
this description; thence N88°58’07"W 1221.10 feet, on the southerly
line of Curtis Road to the southeasterly right of way line of the
Norfolk and Western Railroad; thence S32°31’16"W 185.48 feet, on
said Railroad right of way to the west line of the E ½ of the SE ¼
of said Section 26; thence S01°09’15"E 1818.22 feet on said west
line; thence S88°29’11"E 1063.28 feet, to the westerly right of way
line of Michigan Highway M-52; thence 417.75 feet, on the arc of a
curve to the left whose central angle is 17°18’53" with a radius of
1382.39 feet and a long chord bearing and distance of N22°06’43"E,
416.16 feet; thence WEST 183.01 feet; thence NORTH 360.00 feet;
thence EAST 220.68 feet, to the westerly right of way line of M-52;
thence N00°29’05"W 587.15 feet, on said westerly right of way;
thence 342.78 feet, on the arc of a curve to the right (on said
westerly right of way) whose central angle is 13°14’55" with a
radius of 1482.39 feet and a long chord bearing and distance of
N06°08’23"E 342.01 feet to the easterly line of said Section 26,
thence N00°54’25"W 307.65 feet on said section line to the point of
beginning. The above described parcel contains 55.25 acres, more or
less.
PARCEL B
A parcel of land in the SE ¼ of Section 26, T6S, R3E, Lenawee
County, Michigan, and more specifically described as: Commencing at
the E ¼ corner of said Section 26; thence S00°54’25"E 330.19 feet;
thence N88°58’07"W 1298.50 feet to the point of beginning of this
description, said point of beginning being the intersection of the
northwesterly right of way of the Norfolk and Western Railroad and
the south line of Curtis Street; thence S32°31’16"W 46.00 feet, on
said Railroad right-of-way to the west line of the E ½ of the SE ¼
of said Section 26; thence N01°09’15"W 39.25 feet, on said west
line to the south line of Curtis Street thence S88°58’07"E 25.52
feet, on the south line of Curtis Street to the point of beginning.
The above described parcel contains 0.01 acres, more or less. All
bearings on parcels "A" and "B" are relative and referenced to
Michigan State Highway M-52 right of way plans. The above described
parcels "A" and "B" are subject to any easements and/or rights of
record as they may pertain to this parcel.
(2) The descriptions of the parcels of property in subsection
(1) are approximate and for purposes of the conveyance are subject
to adjustments as the state administrative board or the attorney
general considers necessary by survey or other legal description.
(3) The parcels of property described in subsection (1)
include all surplus, salvage, and scrap property or equipment
remaining on the property as of the date of the conveyance.
(4) The fair market value of the parcels of property described
subsection (1) shall be determined by an appraisal prepared for the
department of technology, management, and budget by an independent
appraiser.
(5) The director of the department of technology, management,
and budget shall first offer the parcels of property described in
subsection (1) to the city of Adrian, which shall have the first
right to purchase the property for a period of 180 days after the
effective date of this act. The city of Adrian may acquire the
property or any portion thereof for less than fair market value.
Conveyance of any portion of the property for less than fair market
value is subject to the conditions prescribed in subsections (7)
and (8).
(6) If the parcels of property described in subsection (1) are
not conveyed to the city of Adrian under subsection (5), the
director of the department of technology, management, and budget
may offer the property to 1 or more parties using any of the
following at any time:
(a) Competitive bidding designed to realize the best value to
the state, as determined by the department of technology,
management, and budget.
(b) A public auction designed to realize the best value to the
state, as determined by the department of technology, management,
and budget.
(c) Use of real estate brokerage services designed to realize
the best value to the state, as determined by the department of
technology, management, and budget.
(d) A value for value conveyance negotiated by the department
of technology, management, and budget designed to realize the best
value to the state. In determining whether value for value
consideration for the property represents the best value, the
department of technology, management, and budget may consider the
fair market value, or an amount equal to the actual costs to
maintain the property, or the total value based on any positive
economic impact to the state likely to be generated by the proposed
use of the property, especially economic impact resulting in the
creation of jobs or increased capital investment in the state.
(e) Offering the property for sale for fair market value to a
local unit or units of government.
(f) Offering the property for sale for less than fair market
value to a local unit or units of government subject to subsections
(7) and (8).
(g) Conveying the land to the land bank fast track authority
established under the land bank fast track act, 2003 PA 258, MCL
124.751 to 124.774, for an amount of consideration the department
of technology, management, and budget considers proper, fair, and
valuable, including a conveyance for no monetary consideration.
(7) Any conveyance to a local unit of government pursuant to
subsection (5) or (6)(f) shall provide for all of the following:
(a) The property shall be used exclusively for public purposes
and if any fee, term, or condition for the use of the property is
imposed on members of the public, or if any of those fees, terms,
or conditions are waived for use of the property, all members of
the public shall be subject to the same fees, terms, conditions,
and waivers.
(b) In the event of an activity inconsistent with subdivision
(a), the state may reenter and repossess the property, terminating
the grantee's or any successor's estate in the property.
(c) If the grantee or successor disputes the state's exercise
of its right of reentry and fails to promptly deliver possession of
the property to the state, the attorney general, on behalf of the
state, may bring an action to quiet title to, and regain possession
of, the property.
(d) If the state reenters and repossesses the property, the
state shall not be liable to reimburse any party for any
improvements made on the property.
(e) The local unit of government shall reimburse the state for
all costs necessary to prepare the property for conveyance.
(8) For property conveyed pursuant to subsection (5) or
(6)(f), if the local unit of government grantee intends to convey
the property within 10 years after the conveyance from the state,
the grantee shall provide notice to the department of technology,
management, and budget of its intent to offer the property for
sale. The department of technology, management, and budget shall
retain a right to first purchase the property at the original sale
price within 90 days after the notice. If the state repurchases the
property, the state shall not be liable to any party for
improvements to, or liens placed on, the property. In the event
that the state waives its first refusal right, the local unit of
government shall pay to the state 40% of the difference between the
sale price of the conveyance from the state and the sale price of
the local unit's subsequent sale or sales to a third party.
(9) The department of attorney general shall approve as to
legal form all quitclaim deeds authorized by this act.
(10) The state shall not reserve oil, gas, or mineral rights
to the property conveyed under this act. However, the conveyance
authorized under this act shall provide that, if the purchaser or
any grantee develops any oil, gas, or minerals found on, within, or
under the conveyed property, the purchaser or any grantee shall pay
the state 1/2 of the gross revenue generated from the development
of the oil, gas, or minerals. This payment shall be deposited in
the general fund.
(11) The state reserves all aboriginal antiquities including
mounds, earthworks, forts, burial and village sites, mines, or
other relics lying on, within, or under the property with power to
the state and all others acting under its authority to enter the
property for any purpose related to exploring, excavating, and
taking away the aboriginal antiquities.
(12) The net revenue received from the sale of property under
this act shall be deposited in the state treasury and credited to
the general fund. As used in this section, "net revenue" means the
proceeds from the sale of the property less reimbursement for any
costs to the state associated with the sale of property, including,
but not limited to, administrative costs, including employee wages,
salaries, and benefits; costs of reports and studies and other
materials necessary to the preparation of sale; environmental
remediation; legal fees; and any litigation related to any
conveyance.
